Md. Imran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44723 of 2025 Arising Out of PS. Case No.-503 Year-2024 Thana- BUDDHACOLONY District- Patna ====================================================== MD. IMRAN Son of Late Md. Hadish R/o Vill.- Nai Ka Mohalla, Khazagali, P.S.- Buddha Colony, Dist.- Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Bihari Tiwary, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner is in custody in a case registered for the offence under Sections 80, 238, 3(5) of the BNS.

3. As per the prosecution case, it is alleged that petitioner is husband of the deceased and he and his family used to demand dowry from the deceased's family. It is also alleged that informant's daughter (deceased) once called her father and told him that if he will not give money and motorcycle to her husband they will kill her after which her mobile was snatched. When the informant came to the police station she came to know that a dead body of a girl was found thrown in the Pahalwan Ghat and she was identified as her daughter. It is

Patna High Court CR. MISC. No.44723 of 2025(4) dt.08-10-2025 2/3 alleged that the accused persons killed her daughter and threw her in the river to hide the evidence.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He next submits that the marriage of the petitioner and deceased was solemnized on 16.04.2024 and after some days i.e. on 30.04.2024 in deceased, Afshana Khatoon started doing abnormal behavior. He next submits that deceased was having some mental issues and she was under the treatment of various doctors. He further that dead body of the deceased was found lying in Nala at Pahhalwan Ghat. He next submits that similarly situated co-accused, namely, Shahjanan Khatoon has already granted bail by a co-ordinate Bench of this Court vide order dated 16.05.2024 in Cr. Misc. No.19027 of 2025. He next submits that petitioner is in custody since 18.10.2025. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail petition.

5. Learned APP for the State opposes the prayer for Regular bail of the petitioner.

6. On perusal of the First Information Report, impugned order dated 19.04.2025 along with case diary along with post-mortem report of the deceased and FSL report, it

Patna High Court CR. MISC. No.44723 of 2025(4) dt.08-10-2025 3/3 appears that 'no metallic alkaloidal glycosidal, pesticidal or volatile poison could be detected in the contents of plastic jar as described above' and petitioner is under custody since 18.10.2024. So considering the aforesaid facts and circumstances of the case as well as the submissions of the learned counsel for the petitioner, let the above named petitioner be released on bail, on his furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Patna in connection with Buddha Colony P.S. Case No.503 of 2024. (Ramesh Chand Malviya, J) Harshita/- U T